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(영문) 춘천지방법원 원주지원 2015.07.08 2015고단399
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 18, 2015, the Defendant: (a) taken the victim’s knife with the victim D (Woo, 50 years of age) who had been in front of his residence, and was in front of his business before his residence, and took the victim’s knife with his knife with the victim’s knife with his knife, and knife with the victim’s knife with his knife, “snife and dead”, and knife with its knife (1, total length, 23.5 cm, 12.5 cm in length), knife the victim’s knife, knife, knife, knife, knife the victim’s knife, as knife, knife the victim’s knife and knife.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victim during treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes to seized articles, photographs of damaged parts, etc., and photographs of damaged parts;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 (No. 1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. Application of the sentencing criteria;

(a) Determination of types: Crimes of violence, habitually injury, special injury by repeated crimes, and category 1;

(b) Special-salvists: Reduction element - dolusent intention or penalty not be imposed;

(c) Scope of recommendations: Reduction area, one year and six months from June to two years; and

3. Determination of sentence: One and half years of imprisonment, two years of the suspended sentence, half years of the suspended sentence, half of the agreed terms, and the degree of injury.

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